Troy Stacy Enterprises Inc., et al. v. The Cincinnati Insurance Company, et al.
| Troy Stacy Enterprises Inc., Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Burning Brothers Brewing LLC, Troy Stacy Enterprises Inc. individually and on behalf of all others similarly situated doing business as Craft & Vinyl, CDC Catering, Inc., Eleisha J. Nickoles, DDS and Chicago Magic Lounge LLC |
| The Cincinnati Insurance Company, The Cincinnati Indemnity Company, The Cincinnati Casualty Company and The Cincinnati Financial Corporation |
| McKinley Development Leasing Company, Ltd, Nikki Brady, LLC, The Hills Entertainment, LLC, Hemingway Holdings, LLC, Festivus, LLC, Eagle School of Hilliard Ohio, Inc., Dublin Ashanik, LLC, Educare of Greene, Inc., Valley Six, LLC, Basement Group, LLC, Carpe Diem Coffee Shop, Inc., Brumagin, LLC, Lillypad Learning Center, LLC, Lakeside Pub, LLC, 3900 Medina Road, LLC, Elliott Care, LLC, 357 W. Turkeyfoot Lake, LLC, Falls Basement, LLC, Powell Enterprise, Inc., 958 Canton Road, LLC, Burkhold Enterprises, LLC, Fuqua Norman, Inc., 1800 Town Park Blvd, LLC, Park School of Dublin, LLC, Sylvester and Sylvester, Inc. doing business as Nick Sylvesters North End Italian Grille, McKinley Development Leasing Company (D), Ltd, Gervasi 1700, LLC, Park Enterprises of Ohio, LLC, Dakota Girls, LLC, Fixari School of Pickerington, LLC, Lazy Gator, LLC, Campbell Family Childcare, Inc., Ethan & Austin, Ltd., Strongsville Pub, LLC, Valley Pub, LLC, Park School of Gahanna, LLC, Waterloo 255, LLC, McKinley Development Leasing Company (A), Ltd and Fixari School of Reynoldsburg, LLC |
| Reeds Jewelers of Niagara Falls, Inc. |
| 1:2020cv00312 |
| April 19, 2020 |
| US District Court for the Southern District of Ohio |
| Karen L Litkovitz |
| Matthew W McFarland |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
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| Filing 91 MANDATE of USCA as to #88 Notice of Appeal, filed by Reeds Jewelers of Niagra Falls, Inc., Troy Stacy Enterprises Inc., CDC Catering, Inc., Eleisha J. Nickoles, DDS, Chicago Magic Lounge LLC, Burning Brothers Brewing LLC & Swearingen Smiles LLC: No costs taxed. (er) |
| Filing 90 OPINION AND JUDGMENT of USCA as to #88 Notice of Appeal filed by Reeds Jewelers of Niagra Falls, Inc., Troy Stacy Enterprises Inc., CDC Catering, Inc., Eleisha J. Nickoles, DDS, Chicago Magic Lounge LLC, Burning Brothers Brewing LLC & Swearingen Smiles LLC: The Sixth Circuit ORDERS that the judgment of the District Court is AFFIRMED. Note: Mandate to issue. (er) |
| Filing 89 USCA Case Number 21-4008 for #88 Notice of Appeal, filed by Reeds Jewelers of Niagra Falls, Inc., Troy Stacy Enterprises Inc., CDC Catering, Inc., Eleisha J. Nickoles, DDS, Chicago Magic Lounge LLC, Burning Brothers Brewing LLC, Swearingen Smiles LLC; case manager C. Anthony Milton, 513-564-7026. (er) |
| Filing 88 NOTICE OF APPEAL re #87 Clerk's Judgment, #86 Order on Motion to Dismiss for Failure to State a Claim,,,, Order on Motion to Stay,,, (Filing fee has been paid, receipt number AOHSDC-8555224) by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc.. (Freking, Randolph) |
| Filing 87 CLERK'S JUDGMENT. (kaf) |
Filing 86
ORDER GRANTING MOTION TO DISMISS (Doc. #63 ) AND DENYING MOTION TO STAY (Doc. #66 ) AS MOOT: The Court GRANTS the motion to dismiss and DENIES the motion to stay as moot. The Court TERMINATES the following cases: (1) Troy Stacy Enterprises, Inc., et al. v. Cincinnati Insurance Company, et al., 1:20-cv- 312; (2) Swearingen Smiles LLC, et al v. Cincinnati Insurance Company, et al., l:20-cv-517; (3) Reeds Jewelers of Niagara Falls, Inc. v. Cincinnati Insurance Company, l:20-cv-649; (4) Burning Brothers Brewing LLC, et al. v. Cincinnati Insurance Company, l:20-cv-920. IT IS SO ORDERED.. Signed by Judge Matthew W. McFarland on 09/24/2021. Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (kaf)
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| Filing 85 MOTION for Leave to File Supplemental Authority ( Responses due by 10/5/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Gilreath, #2 Exhibit 2 - AIKG, #3 Exhibit 3 - Ferrer & Poirot, #4 Exhibit 4 - SFDG, #5 Exhibit 5 - SJP, #6 Exhibit 6 - Manchester Bidwell, #7 Exhibit 7 - Cozzini, #8 Exhibit 8 - Cosmetic Laser, #9 Exhibit 9 - Little Ones, #10 Exhibit 10 - Legacy Sports, #11 Exhibit 11 - Park Place, #12 Exhibit 12 - Stefani, #13 Exhibit 13 - Black Rock, #14 Exhibit 14 - OTG Management, #15 Exhibit 15 - BR Restaurant, #16 Exhibit 16 - JMR, #17 Exhibit 17 - King's Palace, #18 Exhibit 18 - Gateway Clippers, #19 Exhibit 19 - Menominee, #20 Exhibit 20 - Glenn R Edwards, #21 Exhibit 21 - Scherder, #22 Exhibit 22 - Dakota) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
| Filing 84 MOTION for Leave to File Supplemental Authority ( Responses due by 8/23/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Farmington Village, #2 Exhibit 2 - Vandelay, #3 Exhibit 3 - Melcorp, #4 Exhibit 4 - Byberry, #5 Exhibit 5 - Berkseth-Rojas, #6 Exhibit 6 - Northwell Health, #7 Exhibit 7 - Salvatore's Italian, #8 Exhibit 8 - Benny's Famous, #9 Exhibit 9 - Circle Block, #10 Exhibit 10 - Mt Hawley, #11 Exhibit 11 - Goodwood Brewing) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
| Filing 83 NOTICE by Plaintiff Reeds Jewelers of Niagra Falls, Inc. re (82 in 1:20-cv-00312-MWM-KLL) Notice (Other) Amended Notice of Withdrawal of Attorney Burton S. DeWitt Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Merrill, William) |
| Filing 82 NOTICE by Plaintiff Reeds Jewelers of Niagra Falls, Inc. Withdrawal of Attorney Burton S. DeWitt Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00649-MWM (Merrill, William) |
| Filing 81 NOTICE by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc. Notice of Supplemental Authority in Further Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Exhibit 1) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth) |
| Filing 80 MOTION for Leave to File Supplemental Authority ( Responses due by 7/28/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Oral Surgeons, #2 Exhibit 2 - Riverside Dental, #3 Exhibit 3 - Boscov's, #4 Exhibit 4 - Lehigh Valley, #5 Exhibit 5 - LDWB, #6 Exhibit 6 - Mignonette, #7 Exhibit 7 - Till Metro, #8 Exhibit 8 - Capri Holdings) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
| Filing 79 MOTION for Leave to File Supplemental Authority ( Responses due by 7/20/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - System Optics, #2 Exhibit 2 - Chelsea Ventures, #3 Exhibit 3 - Dino Drop, #4 Exhibit 4 - Ryan P Estes, #5 Exhibit 5 - Brown Jug, #6 Exhibit 6 - MMMMM DP, #7 Exhibit 7 - Image Dental, #8 Exhibit 8 - Green Beginnings, #9 Exhibit 9 - Broadway 104, #10 Exhibit 10 - Buffalo Xerographix, #11 Exhibit 11 - Office Solution, #12 Exhibit 12 - SA Hospitality, #13 Exhibit 13 - Deer Mountain, #14 Exhibit 14 - Hartford Fire, #15 Exhibit 15 - Spring House, #16 Exhibit 16 - 44 Hummelstown, #17 Exhibit 17 - Crunch Logistics, #18 Exhibit 18 - Star Buick, #19 Exhibit 19 - Spector Garden, #20 Exhibit 20 - Coleman E Adler, #21 Exhibit 21 - Spottswood, #22 Exhibit 22 - LexFit, #23 Exhibit 23 - Gio Pizzeria, #24 Exhibit 24 - Monday Restaurants, #25 Exhibit 25 - Charles E Padgett, #26 Exhibit 26 - HT Seattle, #27 Exhibit 27 - Nguyen, #28 Exhibit 28 - Accents of Sterling) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
| Filing 78 NOTICE by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Interested Parties Reeds Jewelers of Niagara Falls, Inc., Reeds Jewelers of Niagra Falls, Inc. Plaintiffs' Notice of Supplemental Authority in Further Opposition to Defendants' #63 Motion to Dismiss (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth) Modified to create link to motion on 6/24/2021 (eh). |
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NOTATION ORDER: The Court STAYS resolution of the discovery issue and motion to quash (Doc. #73 ) pending its resolution of the motion to stay (Doc. #66 ) and/or motion to dismiss (Doc. #63 ). Signed by Judge Matthew W. McFarland on 06/15/2021. (kaf)
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| Filing 77 RESPONSE in Opposition re (24 in 1:20-cv-00920-MWM) MOTION to Quash ISO Subpoena filed by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc., Eleisha J. Nickoles DDS, Swearingen Smiles LLC, Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC. (Attachments: #1 Affidavit Declaration of Jesse-Justin Cuevas in Support of Plaintiffs' Opposition to Defendants' Motion to Quash Subpoena Duces Tecum to Non-Party Insurance Services Office, Inc., or, in the Alternative, for Protective Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth) |
| Filing 76 REPLY to Response to #66 Motion re (18 in 1:20-cv-00920-MWM) MOTION to Stay Pending Resolution of Certified Questions to the Ohio Supreme Court filed by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Francois, #2 Exhibit 2 - Santo's, #3 Exhibit 3 - Sanzo) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) Modified to create document relationship on 6/7/2021 (kl). |
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Filing 74
ORDER OF REFERENCE TO CHIEF MAGISTRATE JUDGE: Pursuant to 28 U.S.C. 636 and Southern District of Ohio Local Rule 72.1, this case is hereby ORDERED referred to Chief Magistrate Judge Karen L. Litkovitz. The scope of the Courts referral is as follows: 1. This case is referred to Chief Magistrate Judge Karen L. Litkovitz for the discovery dispute at issue in the Motion to Quash (Doc. #73 ) and the Defendants May 26, 2021 letter to the Court. 2. Chief Magistrate Judge Karen L. Litkovitz will decide whether to rule on the pending Motion to Quash or to strike that motion and resolve the dispute in line with her Standing Order on Civil Procedures. 3. Chief Magistrate Judge Karen L. Litkovitz will rule upon any other motion related to discovery in this case. 4. District Judge Matthew W. McFarland will rule upon the pending Motion to Dismiss (Doc. #63 ) and the Motion to Stay (Doc. #66 ). 5. District Judge Matthew W. McFarland will rule upon any motion for summary judgment filed in this case. 6. The referral of this case to Chief Magistrate Judge Karen L. Litkovitz shall terminate upon the close of discovery or the resolution of all discovery disputes, whichever is later. 7. District Judge Matthew W. McFarland will conduct the final pretrial conference and preside over any trial in this matter. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 05/27/2021. (kaf)
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| Filing 73 MOTION to Quash ISO Subpoena ( Responses due by 6/14/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - Dino Palmieri) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
| Filing 72 RESPONSE in Opposition re (18 in 1:20-cv-00920-MWM) MOTION to Stay Pending Resolution of Certified Questions to the Ohio Supreme Court filed by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc., Eleisha J. Nickoles DDS, Swearingen Smiles LLC, Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC. (Attachments: #1 Exhibit 1 - Neuro-Communications Servs. v. Cincinnati - May 20 2021 Stipulation to Extension, #2 Exhibit 2 - Jacob Rieger & Co. v. Cinti Ins. - May 10, 2021 Notation Order, #3 Exhibit 3 - Santo's Italian Cafe LLC v. Acuity Ins. Co. May 4, 2021 Order, #4 Text of Proposed Order) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Freking, Randolph) |
| Filing 71 REPLY to Response to Motion re (15 in 1:20-cv-00920-MWM) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 9 - Akridge Family, #2 Exhibit 10 - Source One, #3 Exhibit 11 - Sanzo, #4 Exhibit 12 - Planet Sub, #5 Exhibit 13 - PSG) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
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Filing 70
STIPULATED PROTECTIVE ORDER. Signed by Judge Matthew W. McFarland on 05/19/2021. (kaf)
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NOTATION ORDER: For good cause, the Court GRANTS #69 Defendants' Unopposed Motion for Two-Day Extension of Time to File Reply in Support of #63 Motion to Dismiss. Accordingly, Defendants shall file their reply in support of their motion to dismiss no later than 05/19/2021. Signed by Judge Matthew W. McFarland on 05/19/2021. (kaf) Modified on 5/19/2021 (kaf).
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| Filing 69 Unopposed MOTION for Extension of Time to File Response/Reply as to (67 in 1:20-cv-00312-MWM) Response in Opposition to Motion,, New date requested 5/19/2021. ( Responses due by 6/7/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
| Filing 68 Proposed Stipulated Protective Order Filed Jointly by Plaintiff Reeds Jewelers of Niagra Falls, Inc.. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Freking, Randolph) Modified docket text on 5/13/2021 (eh). |
| Filing 67 RESPONSE in Opposition re (41 in 1:20-cv-00649-MWM, 32 in 1:20-cv-00517-MWM, #63 in 1:20-cv-00312-MWM, 15 in 1:20-cv-00920-MWM) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc., Eleisha J. Nickoles DDS, Swearingen Smiles LLC, Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth) Modified to Add Document Link on 5/4/2021 (bjc). |
| Filing 66 Opposed MOTION to Stay Pending Resolution of Certified Questions to the Ohio Supreme Court ( Responses due by 5/21/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit A - Granting Certification, #2 Exhibit B - Certification Order, #3 Exhibit C - Amicus, #4 Exhibit D - Accepting Certification, #5 Exhibit E - Taste of Belgium, #6 Exhibit F - Mama Nina, #7 Exhibit G - Neuro Stay Order, #8 Exhibit H - Nighttown, #9 Exhibit I - Johansing, #10 Exhibit J - Queens Tower, #11 Exhibit K - Carpe Diem, #12 Exhibit L - Ensemble, #13 Exhibit M - Blarney) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) Modified on 5/3/2021 (kl). |
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NOTATION ORDER: For good cause shown, the Court GRANTS Plaintiffs' unopposed #64 Motion for Leave to Exceed Page Limitation. Plaintiffs are permitted to file an opposition brief up to 25 pages. Plaintiffs shall abide by the applicable Local Rules and Standing Order with respect to memoranda in excess of twenty (20) pages. Signed by Judge Matthew W. McFarland on 04/29/2021. (kaf)
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| Filing 65 RESPONSE to Motion re (16 in 1:20-cv-00920-MWM) MOTION for Leave to File Excess Pages filed by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
| Filing 64 MOTION for Leave to File Excess Pages ( Responses due by 5/18/2021) by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc., Eleisha J. Nickoles DDS, Swearingen Smiles LLC, Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC. (Attachments: #1 Text of Proposed Order) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Freking, Randolph) |
| Filing 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 5/3/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Steve Foley Cadillac, #2 Exhibit 2 - FS Foods, #3 Exhibit 3 - OH Order, #4 Exhibit 4 - WV Order, #5 Exhibit 5 - MN Order, #6 Exhibit 6 - IL Order, #7 Exhibit 7 - NY Order, #8 Exhibit 8 - PA Order) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
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NOTATION ORDER: Upon consideration, the Court GRANTS #62 Defendants' unopposed motion for extension of time to respond to #61 plaintiffs' consolidated amended class action complaint. Defendants shall respond to the consolidated complaint no later than April 12, 2021. Signed by Judge Matthew W. McFarland on 03/24/2021. (kaf)
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| Filing 62 Unopposed MOTION for Extension of Time to File Answer re (61 in 1:20-cv-00312-MWM) Amended Complaint, New date requested 4/12/2021. ( Responses due by 4/13/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Text of Proposed Order) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
| Filing 61 AMENDED COMPLAINT against All Defendants, filed by Troy Stacy Enterprises Inc., Burning Brothers Brewing LLC, Swearingen Smiles LLC, Reeds Jewelers of Niagra Falls, Inc., CDC Catering, Inc., Eleisha J. Nickoles, DDS, Chicago Magic Lounge LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth) |
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Filing 60
ORDER: On January 15, 2021, the Court consolidated these four related actions and ordered interim co-lead counsel to file a consolidated amended complaint by February 26, 2021. The consolidated amended complaint will moot any motions to dismiss directed at the complaints filed in the individual actions. Those motions, motions related to them, and pending motions related to the motions to consolidate and appoint counsel are DENIED AS MOOT. Also pending in the individual Troy Stacy action are Troy Stacys motion to stay (Doc. #11 ), Cincinnati Insurance's motion to certify questions to the Ohio Supreme Court (Doc. #7 ), and amici's motion for leave to file their brief in support of plaintiff (Doc. #15 ). Troy Stacy's motion for temporary stay sought to stay these proceedings until the Judicial Panel for Multidistrict Litigation (JPML) ruled on the motions to transfer. As the parties are aware, the JPML declined to centralize these cases. E.g., In re Cincinnati Ins. Co. COVID-19 Bus. Interruption Prot. Ins. Litig., --- F. Supp. 3d ----, No. MDL 2962, 2020 WL 5884791, at *1 (U.S. Jud. Pan. Mult. Lit. Oct. 2, 2020). For that reason, the motion to stay is DENIED AS MOOT. Cincinnati Insurance moved to certify questions of law, as it relates to the Troy Stacy action, to the Supreme Court of Ohio. (Docs. #7 , #8 .) But the cases consolidated with that action involve the law of other states. For instance, the Burning Brothers action appears to implicate the state laws of Minnesota, Illinois, and Pennsylvania. (Burning Brothers, 1:20cv920, Complaint at 14.) The Reeds Jewelers action seems to bring in New York law. (Reeds Jewelers, 1:20cv649, Complaint at 11.) Consolidation of these actions changes the state of play in this litigation such that certifying questions to the supreme court of one state would be inappropriateat least on the present motion related to the Troy Stacy case. For that reason, the Court DENIES the motion to certify questions of law to the Supreme Court of Ohio. (Doc. #7 .) Amici move for leave to file a brief in opposition to Cincinnati Insurance's motion to certify questions to the Supreme Court of Ohio. (Doc. #15 .) As the Court has denied that motion, amici's motion for leave is DENIED AS MOOT. Signed by Judge Matthew W. McFarland on 01/21/2021. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (kaf)
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| Filing 59 Sixth MOTION for Leave to File Supplemental Authority ( Responses due by 2/10/2021) by Defendants The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Riverside Dental, #2 Exhibit 2 - Webb Dental, #3 Exhibit 3 - 1 Sant, #4 Exhibit 4 - Roundin3rd, #5 Exhibit 5 - Adrian Moody, #6 Exhibit 6 - ATCM, #7 Exhibit 7 - Clear Hearing, #8 Exhibit 8 - Independent Restaurant, #9 Exhibit 9 - TAQ, #10 Exhibit 10 - Ultimate Hearing, #11 Exhibit 11 - Zagafen, #12 Exhibit 12 - Kevin Barry, #13 Exhibit 13 - BA LAX, #14 Exhibit 14 - Carrot Love, #15 Exhibit 15 - O'Brien Sales, #16 Exhibit 16 - Berkseth, #17 Exhibit 17 - Island Hotel, #18 Exhibit 18 - Mena Catering, #19 Exhibit 19 - Sandy Point, #20 Exhibit 20 - Digital Age, #21 Exhibit 21 - Rialto Pockets, #22 Exhibit 22 - K D Unlimited, #23 Exhibit 23 - Ballas Nails, #24 Exhibit 24 - Bluegrass, #25 Exhibit 25 - Palmdale Estates, #26 Exhibit 26 - Baker, #27 Exhibit 27 - Edison Kennedy, #28 Exhibit 28 - Johnson, #29 Exhibit 29 - Drama Camp, #30 Exhibit 30 - Jonathan Oheb, #31 Exhibit 31 - Atma Beauty, #32 Exhibit 32 - Steiner Steakhouse, #33 Exhibit 33 - Tappo, #34 Exhibit 34 - Karen Trinh, #35 Exhibit 35 - Sun Cuisine, #36 Exhibit 36 - VStyles, #37 Exhibit 37 - 1210 McGavock, #38 Exhibit 38 - Bradley Hotel, #39 Exhibit 39 - Mortar and Pestle, #40 Exhibit 40 - Verveine, #41 Exhibit 41 - Emerald Coast, #42 Exhibit 42 - Gerleman, #43 Exhibit 43 - Geragos, #44 Exhibit 44 - BBMS, #45 Exhibit 45 - South Florida) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) |
| Filing 58 RESPONSE to Motion re #56 MOTION for Leave to File Supplemental Authority filed by Defendant The Cincinnati Insurance Company. (Farrell, Michael) |
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Filing 57
ORDER CONSOLIDATING CASES AND APPOINTING INTERIM CO-LEAD COUNSEL: Swearingen Smiles LLC, et al. v.The Cincinnati Insurance Company, No. 1:20-cv-00517-MWM, Reeds Jewelers of Niagara Falls, Inc. v. Cincinnati Insurance Company, No. 1:20-cv-00649-MWM, and Burning Brothers Brewery LLC, et al. v. The Cincinnati Insurance Company, No. 1:20-cv-00920-MWM are consolidated under Fed. R. Civ. P. 42(a) with Troy Stacy Enterprises Inc. v. The Cincinnati Insurance Company, No. 1:20-cv-00312-MWM, the earlier-filed case before this Court. The docket in civil action number 1:20-cv-312-MWM shall constitute the master docket for the Consolidated Action. The parties shall file a notice of related cases whenever a case that should be consolidated into this action is filed in, or transferred to, this District. The following law firms are appointed interim co-lead counsel for the Consolidated Action: DiCello Levitt Gutzler LLC; The Lanier Law Firm; Burns Bowen Bair LLP; and Susman Godfrey LLP. Interim co-lead counsel shall file a consolidated amended complaint inclusive of all plaintiffs in the Consolidated Action on or before February 26, 2021. Defendants shall respond to the consolidated amended complaint within thirty (30) days after service. Signed by Judge Matthew W. McFarland on 01/15/2021. (kaf)
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| Filing 56 MOTION for Leave to File Supplemental Authority by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Abbarno, Kenneth) |
| Filing 55 Fifth MOTION for Leave to File Supplemental Authority by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex 1 - Santos Italian, #2 Exhibit Ex 2 - Catlin Dental, #3 Exhibit Ex 3 - Prime Time Sports, #4 Exhibit Ex 4 - Newchops, #5 Exhibit Ex 5 - 10012 Holdings, #6 Exhibit Ex 6 - Kirsch, #7 Exhibit Ex 7 - Boulevard, #8 Exhibit Ex 8 - Terry Black's, #9 Exhibit Ex 9 - Al Johnson's, #10 Exhibit Ex 10 - Sultan Hajer) (Farrell, Michael) |
| Filing 54 MOTION for Leave to File Supplemental Authority in Support of Motion for Appointment of Interim Co-Lead Class Counsel by Interested Party Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Order Denying Defendant's Motion to Reconsider or Clarify Order Granting Motion to Appoint Interim Class Counsel in Studio 417, Inc., et al v. Cincinnati Insurance Company, #2 Text of Proposed Order) (Freking, Randolph) |
| Filing 53 MOTION for Leave to File Supplemental Authority by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex 1 - Promotional Headwear, #2 Exhibit Ex 2 - 4431 Inc, #3 Exhibit Ex 3 - T & E Chicago, #4 Exhibit Ex 4 - Catlin Dental, #5 Exhibit Ex 5 - Michael Cetta, #6 Exhibit Ex 6 - SA Palm Beach, #7 Exhibit Ex 7 - Palmer Holdings, #8 Exhibit Ex 8 - El Novillo, #9 Exhibit Ex 9 - Kessler Dental, #10 Exhibit Ex 10 - Zwillo, #11 Exhibit Ex 11 - Toppers Salon, #12 Exhibit Ex 12 - Whiskey River, #13 Exhibit Ex 13 - Selane Products, #14 Exhibit Ex 14 - Chattanooga, #15 Exhibit Ex 15 - 10E, LLC, #16 Exhibit Ex 16 - Long Affair Carpet, #17 Exhibit Ex 17 - Dime Fitness, #18 Exhibit Ex 18 - DAB Dental, #19 Exhibit Ex 19 - Water Sports Kauai, #20 Exhibit Ex 20 - Goodwill, #21 Exhibit Ex 21 - Musso & Frank, #22 Exhibit Ex 22 - Brian Handel, #23 Exhibit Ex 23 - MAC Property) (Farrell, Michael) |
| Filing 52 MOTION for Leave to File Surreply in Response to Plaintiffs Combined Reply to Defendants Response to Motion for Leave to Submit Supplemental Authority and Response to Defendants Third Motion for Leave to Submit Supplemental Authority and Motion for Leave to Submit Supplemental Authority (ECF# 50) by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex A - Proposed Surreply) (Farrell, Michael) |
| Filing 51 REPLY to Response to Motion re #43 MOTION for Leave to File Supplemental Authority and Response to Plaintiff's Motions to Submit Supplemental Authority filed by Defendant The Cincinnati Insurance Company. (Farrell, Michael) |
| Filing 50 REPLY to Response to Motion re #43 MOTION for Leave to File Supplemental Authority and Response to Plaintiff's Motions to Submit Supplemental Authority and Motion to Submit Supplemental Authority filed by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Abbarno, Kenneth) |
| Filing 49 NOTICE by Plaintiff Troy Stacy Enterprises Inc. re #28 MOTION to Consolidate Cases , #29 Brief of Filing Amended [Proposed] Order Granting Plaintiffs' Motion to Consolidate (Attachments: #1 Text of Proposed Order) (Abbarno, Kenneth) |
| Filing 48 REPLY to Response to Motion re #30 MOTION to Appoint Counsel filed by Interested Party Reeds Jewelers of Niagara Falls, Inc., Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Abbarno, Kenneth) |
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Filing 47
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:20-cv-920 are related, the subject case nevertheless will remain with the Judge to who it was assigned. Signed by Judge Matthew W. McFarland on 11/17/2020. (bjc)
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| Filing 46 Response re #35 MOTION for Leave to File, #37 Notice (Other) Response to Plaintiff's Motion for Leave to Submit Supplemental Authority and Notice of Supplemental Authority and Motion for Leave to File Supplemental Authority (duplicate filing of ECF #43 per instructions from clerk of courts) by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex 1 - Uncork Decision, #2 Exhibit Ex 2 - Real Hospitality Decision, #3 Exhibit Ex 3 - R. Nahmad Decision, #4 Exhibit Ex 4 - West Coast Hotel Decision, #5 Exhibit Ex 5 - Hillcrest Decision, #6 Exhibit Ex 6 - Travelers Decision, #7 Exhibit Ex 7 - Seifert Decision, #8 Exhibit Ex 8 - Harvest Moon Decision, #9 Exhibit Ex 9 - Plan Check Opinion, #10 Exhibit Ex 10 - Plan Check Order, #11 Exhibit Ex 11 - Cake Boutique Decision, #12 Exhibit Ex 12 - FAFB Decision) (Farrell, Michael) |
| Filing 44 REPLY to Response to Motion re #28 MOTION to Consolidate Cases filed by Interested Party Reeds Jewelers of Niagra Falls, Inc., Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit A - In re Cincinnati Insurance Company COVID-19 Business Interruption Protection Insurance Litigation 10/2/20 Order) (Abbarno, Kenneth) |
| Filing 43 MOTION for Leave to File Supplemental Authority and Response to Plaintiff's Motions to Submit Supplemental Authority by Defendant The Cincinnati Insurance Company. (Attachments: #1 Ex 1 - Uncork Decision, #2 Ex 2 - Real Hospitality Decision, #3 Ex 3 - R. Nahmad Decision, #4 Ex 4 - West Coast Hotel Decision, #5 Ex 5 - Hillcrest Decision, #6 Ex 6 - Travelers Decision, #7 Ex 7 - Seifert Decision, #8 Ex 8 - Harvest Moon Decision, #9 Ex 9 - Plan Check Opinion, #10 Ex 10 - Plan Check Order, #11 Ex 11 - Cake Boutique Decision, #12 Ex 12 - FAFB Decision) (Farrell, Michael) |
| Filing 42 RESPONSE in Opposition re #28 MOTION to Consolidate Cases filed by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex A - Swearingen Complaint, #2 Exhibit Ex B - Troy Stacy Complaint, #3 Exhibit Ex C - Reeds Complaint) (Farrell, Michael) |
| Filing 41 RESPONSE in Opposition re #30 MOTION to Appoint Counsel filed by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex A - Studio 417 Complaint, #2 Exhibit Ex B - Jacob Rieger Complaint, #3 Exhibit Ex C - Order Appointing Interim Class Counsel) (Farrell, Michael) |
| Filing 40 RESPONSE to Motion re #30 MOTION to Appoint Counsel and MOTION to Appoint Counsel filed by Interested Party Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Declaration of Jesse-Justin Cuevas in Support of Reeds Jewelers Response to Plaintiff Troy Stacy Enterprises Inc.'s Motion for Appointment of Interim Co-Lead Class Counsel and Motion for Appointment of Interim Co-Lead Class Counsel with Exhibits) (Freking, Randolph) Modified on 11/3/2020 (eh). |
| Filing 39 NOTICE of Appearance by Randolph Harry Freking for Interested Party Reeds Jewelers of Niagara Falls, Inc. (Freking, Randolph) |
| Filing 38 NOTICE by Plaintiff Troy Stacy Enterprises Inc. re #30 MOTION to Appoint Counsel Amended Proposed Order (Attachments: #1 Text of Proposed Order) (Abbarno, Kenneth) |
| Filing 37 NOTICE by Plaintiff Troy Stacy Enterprises Inc. re #20 Response in Opposition to Motion Plaintiffs' Notice of Filing Supplemental Authority (Attachments: #1 Exhibit A) (Abbarno, Kenneth) |
| Filing 36 Corporate Disclosure Statement by Defendant The Cincinnati Insurance Company. (Tooth, Laurence) |
| Filing 35 MOTION for Leave to Submit Supplemental Authority re #13 MOTION to Dismiss by Plaintiff Troy Stacy Enterprises Inc. re #20 Response in Opposition to Motion (Attachments: #1 Exhibit A, #2 Exhibit B) (Abbarno, Kenneth) Modified to create link to motion on 10/21/2020 (eh). |
| Filing 34 NOTICE OF MOTION TO CONSOLIDATE AND SCHEDULING ORDER. (kaf) |
| Deadlines set as to #28 MOTION to Consolidate Cases . Defendants' Responses due by 11/5/2020. Consolidated Reply due by 11/12/2020. (kaf) |
| Filing 33 MOTION to Strike #25 MOTION for Leave to File Supplemental Authority and Memorandum in Support by Defendant The Cincinnati Insurance Company. (Farrell, Michael) |
| Filing 32 MOTION for Leave to File Additional Supplemental Authority In Support of Motion to Dismiss by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex 1 - Vandalay Case, #2 Exhibit Ex 2 - Henry's Louisiana Case, #3 Exhibit Ex 3 - Mark's Engine Case, #4 Exhibit Ex 4 - Pappys Barber Shops Case, #5 Exhibit Ex 5 - Oral Surgeons Case, #6 Exhibit Ex 6 - It's Nice Case, #7 Exhibit Ex 7 - Infinity Exhibits Case, #8 Exhibit Ex 8 - Sandy Point Dental Case, #9 Exhibit Ex 9 - Pappy's MTD Order, #10 Exhibit Ex 10 - Malaube Case, #11 Exhibit Ex 11 - Turek Case, #12 Exhibit Ex 12 - 10E LLC Case, #13 Exhibit Ex 13 - Mama Jos Case) (Farrell, Michael) |
| Filing 31 BRIEF re #30 MOTION to Appoint Counsel by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order) (Abbarno, Kenneth) |
| Filing 30 MOTION to Appoint Counsel by Plaintiff Troy Stacy Enterprises Inc.. (Abbarno, Kenneth) |
| Filing 29 BRIEF re #28 MOTION to Consolidate Cases by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Text of Proposed Order) (Abbarno, Kenneth) |
| Filing 28 MOTION to Consolidate Cases by Plaintiff Troy Stacy Enterprises Inc.. (Abbarno, Kenneth) |
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Filing 27
ORDER DENYING TRANSFER of these Southern District of Ohio cases to the MDL No.2962. Signed by the Panel on Multidistrict Litigation 10/5/2020. (er)
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| Filing 26 MOTION for Leave to File Supplemental Authority and Memorandum in Support by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Abbarno, Kenneth) |
| Filing 25 MOTION for Leave to File Supplemental Authority and Memorandum in Support by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Abbarno, Kenneth) |
| Filing 24 RESPONSE to Motion re #23 MOTION for Leave to File Supplemental Authority filed by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Abbarno, Kenneth) |
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Notation Order: For good cause shown, #23 Defendant's Motion for Leave to Submit Supplemental Authority is GRANTED. Signed by Judge Matthew W. McFarland on 08/10/2020. (kaf)
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| Filing 23 MOTION for Leave to File Supplemental Authority by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex A - Rose 1, LLC v. Erie Insurance Exchange - Order) (Farrell, Michael) |
| Filing 22 REPLY to Response to Motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex A - Gavrilides Order and Transcript) (Farrell, Michael) |
| Filing 21 REPLY to Response to Motion re #15 MOTION for Leave to File Brief of Amici Curiae in Support of Plaintiff filed by Amicus Parties 1800 Town Park Blvd, LLC, 357 W. Turkeyfoot Lake, LLC, 3900 Medina Road, LLC, 958 Canton Road, LLC, Basement Group, LLC, Brumagin, LLC, Burkhold Enterprises, LLC, Campbell Family Childcare, Inc., Carpe Diem Coffee Shop, Inc., Dakota Girls, LLC, Dublin Ashanik, LLC, Eagle School of Hilliard Ohio, Inc., Educare of Greene, Inc., Elliott Care, LLC, Ethan & Austin, Ltd., Falls Basement, LLC, Festivus, LLC, Fixari School of Pickerington, LLC, Fixari School of Reynoldsburg, LLC, Fuqua Norman, Inc., Gervasi 1700, LLC, Hemingway Holdings, LLC, Lakeside Pub, LLC, Lazy Gator, LLC, Lillypad Learning Center, LLC, McKinley Development Leasing Company (A), Ltd, McKinley Development Leasing Company (D), Ltd, McKinley Development Leasing Company, Ltd, Nikki Brady, LLC, Park Enterprises of Ohio, LLC, Park School of Dublin, LLC, Park School of Gahanna, LLC, Powell Enterprise, Inc., Strongsville Pub, LLC, Sylvester and Sylvester, Inc., The Hills Entertainment, LLC, Valley Pub, LLC, Valley Six, LLC, Waterloo 255, LLC. (Klutinoty Edwards, Maria) |
| Filing 20 RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Troy Stacy Enterprises Inc.. (Abbarno, Kenneth) |
| Filing 19 REPLY to Response to Motion re #7 MOTION to Certify Questions to the Ohio Supreme Court filed by Defendant The Cincinnati Insurance Company. (Farrell, Michael) |
| Filing 18 RESPONSE in Opposition re #15 MOTION for Leave to File Brief of Amici Curiae in Support of Plaintiff filed by Defendant The Cincinnati Insurance Company. (Farrell, Michael) |
| Filing 17 REPLY to Response to Motion re #11 MOTION to Stay filed by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Abbarno, Kenneth) |
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NOTATION ORDER granting #12 Motion for Leave to Appear Pro Hac Vice of Laurence J. Tooth as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered by Judge Matthew W. McFarland on 7/10/20. (eh)
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| Filing 16 RESPONSE in Opposition re #7 MOTION to Certify Questions to the Ohio Supreme Court filed by Plaintiff Troy Stacy Enterprises Inc.. (Abbarno, Kenneth) |
| Filing 15 MOTION for Leave to File Brief of Amici Curiae in Support of Plaintiff by Amicus Parties Basement Group, LLC, Brumagin, LLC, Festivus, LLC, Waterloo 255, LLC, Falls Basement, LLC, Hemingway Holdings, LLC, Valley Pub, LLC, The Hills Entertainment, LLC, Nikki Brady, LLC, Carpe Diem Coffee Shop, Inc., Gervasi 1700, LLC, McKinley Development Leasing Company, Ltd, McKinley Development Leasing Company (A), Ltd, McKinley Development Leasing Company (D), Ltd, Sylvester and Sylvester, Inc., dba Nick Sylvesters North End Italian Grille, Lakeside Pub, LLC, Ethan & Austin, Ltd., 958 Canton Road, LLC, Lazy Gator, LLC, Strongsville Pub, LLC, Valley Six, LLC, 3900 Medina Road, LLC, 1800 Town Park Blvd, LLC, 357 W. Turkeyfoot Lake, LLC, Dakota Girls, LLC, Elliott Care, LLC, Dublin Ashanik, LLC, Educare of Greene, Inc., Campbell Family Childcare, Inc., Lillypad Learning Center, LLC, Fuqua Norman, Inc., Eagle School of Hilliard Ohio, Inc., Powell Enterprise, Inc., Park Enterprises of Ohio, LLC, Park School of Dublin, LLC, Fixari School of Pickerington, LLC, Fixari School of Reynoldsburg, LLC, Burkhold Enterprises, LLC, Park School of Gahanna, LLC. (Attachments: #1 Exhibit Brief of Amici Curiae in Support of Plaintiff) (Klutinoty Edwards, Maria) |
| Filing 14 RESPONSE in Opposition re #11 MOTION to Stay filed by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex A - CIC Opposition to MDL Transfer) (Farrell, Michael) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex A - CDC Guidance, #2 Exhibit Ex B - Social Life Magazine, Inc. v. Sentinel Insurance Company Ltd. Hearing Transcript, #3 Exhibit Ex C - ISO Circular) (Farrell, Michael) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7536671) of Laurence Tooth by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Certificate of Good Standing) (Farrell, Michael) |
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NOTATION ORDER granting #10 Unopposed Motion for 14-Day Extension of Time for Plaintiff to Respond to Defendant Cincinnati Insurance Company's #7 Motion to Certify Questions to the Supreme Court of Ohio. Response due by 07/06/2020. Signed by Judge Matthew W. McFarland on 06/25/2020. (kaf)
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| Filing 11 MOTION to Stay by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Brief, #2 Exhibit 1) (Abbarno, Kenneth) |
| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Certify Questions to the Ohio Supreme Court , #8 Brief New date requested 7/6/2020. by Plaintiff Troy Stacy Enterprises Inc.. (Attachments: #1 Text of Proposed Order) (Abbarno, Kenneth) |
| Filing 9 FIRST AMENDED COMPLAINT against The Cincinnati Insurance Company, filed by Troy Stacy Enterprises Inc.. (Attachments: #1 Exhibit Policy) (Abbarno, Kenneth) Modified docket text on 6/23/2020 (eh). |
| Filing 8 BRIEF re #7 MOTION to Certify Questions to the Ohio Supreme Court by Defendant The Cincinnati Insurance Company. (Farrell, Michael) |
| Filing 7 MOTION to Certify Questions to the Ohio Supreme Court by Defendant The Cincinnati Insurance Company. (Farrell, Michael) |
| Filing 6 BRIEF re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The Cincinnati Insurance Company. (Attachments: #1 Exhibit Ex A - CDC Guidance, #2 Exhibit Ex B - Social Life Magazine, Inc. v. Sentinel Insurance Company Ltd. Hearing Transcript, #3 Exhibit Ex C - ISO Circular) (Farrell, Michael) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The Cincinnati Insurance Company. (Farrell, Michael) |
| Filing 4 WAIVER OF SERVICE Returned Executed. Waiver sent to The Cincinnati Insurance Company on 4/24/2020, answer due 6/23/2020. (Abbarno, Kenneth) Modified docket text on 5/27/2020 (eh). |
| Filing 3 Corporate Disclosure Statement by Plaintiff Troy Stacy Enterprises Inc.. (Abbarno, Kenneth) |
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NOTATION ORDER granting #2 Motion for Leave to Appear Pro Hac Vice of Adam Levitt as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Matthew W. McFarland on 4/24/2020. (ss)
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| Filing 2 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7431228) of Adam J. Levitt by Plaintiff Troy Stacy Enterprises Inc.. (Abbarno, Kenneth) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7429091), filed by Troy Stacy Enterprises Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Policy) (Abbarno, Kenneth) |
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